Требования, на которые исковая давность не распространяется. Сравнительный обзор законодательств некоторых государств континентальной системы права

Abstract

Legal regulation of the institute of limitation of actions in the modern legislation of the states with the continental legal system has distinctive features manifested in a multitude of various limitation periods for different legal relations, fixed in various sources of the legislation on the one hand, and in aspiration to classification of the limitation periods, aimed at the achievement of legal stability on the other. Thus, regulation of actions, to which no limitation period applies, is of great importance as a reflection of understanding of legal equity in the society at a certain defined stage of its development. Attempts of classification of the given actions were undertaken b o t h in legislations of the states, and in the doctrine. The author offers a classification of actions, to which no limitation period applies, based on the analysis of the reasons for their inclusion in the legislation. By the example of the comparative analysis of the legislation of Belarus, the Russian Federation, Ukraine, Germany, Austria, France, Italy, Denmark, Belgium, Switzerland and doctrinal approaches the author defines 4 basic groups of legal relationships, excluded from the field of limitation of actions, and emphasizes the necessity of systematic interpretation of limitation of actions on application of limitation law. The author proposes to establish the unified exhaustive list of actions to which no limitation period applies, which would promote legal stability in the context of international globalization.